To those of you who read this blog regularly, I apologize for the lack of content for the past month of so. Preparing seminar materials and the holidays got in the way of regularly posting. So, in keeping with the title, this post is dedicated to the idea of simply beginning again. It's a concept … Continue reading Simply Begin Again-Starting Up Temporary Total Disability After a Return to Work
The Ohio Supreme Court recently terminated the permanent total disability ("PTD") compensation of a man who was caught performing various horse-training and grooming activities at a racetrack in exchange for a waiver of housing and feeding expenses for the worker’s own horses. In the case, (The State Ex Rel. Seibert v. Richard Cyr, Inc., 2019-Ohio-3341, … Continue reading Just Because You Don’t Get Paid for Working at the Racetrack While You’re off on Workers’ Compensation Doesn’t Mean You Aren’t Committing Fraud, Says the Ohio Supreme Court
In Ohio, an employee is not entitled to temporary total disability compensation if they have "voluntarily abandoned" their employment. Voluntary abandonment is defined as violating a written work rule or policy that: (1) clearly defined the prohibited conduct, (2) was previously identified by the employer as a dischargeable offense, and (3) was known or should … Continue reading If You Deny TTD Because an Employee Was Fired for Failing a Drug Test, You Had Better Be Ready to Produce That Drug Test, According to This Recent Case
As we all know, to be compensable under Ohio Workers' Compensation law an injury must have occurred "in the course and scope of employment". Both parts of the test must be met. The Ohio Supreme Court developed a two part approach to the course and scope of employment analysis. To determine whether an injury occurred … Continue reading Are You Smarter Than a Workers’ Compensation Attorney?
Legislation passed earlier this year by the Ohio House of Representatives funding the Bureau of Workers' Compensation also included a number of substantive changes to Ohio's Workers' Compensation laws. Those changes included: providing coverage for First Responders with Post-Traumatic Stress Disorder even in the absence of a physical injury; amending the First Report of Injury … Continue reading Ohio’s BWC Budget Bill Has Finally Passed. What’s Changed? Not Much.
Ohio law has long held that employees are not covered under the workers' compensation system for mental conditions that do not arise from a physical injury. Provisions in the BWC budget bill (Sub. H. B. No. 80-passed by the Ohio House on June 5, 2019) could change that. If Ohio legislators watch "Tomb Raider: The … Continue reading PTSD Claims for First Responders: Opening Pandora’s Box?
A case decided on April 9, 2019 by the Ohio Supreme Court dealt with an injured worker who retired; claimed that she re-entered the workforce by "working" on her farm; had surgery; and then requested temporary total disability ("TTD") compensation. Before we get into the specifics of the case, let's do a brief rundown of … Continue reading You Can’t Get Back on Temporary Total Disability By Mowing the Grass and Picking Up Trash in Your Yard, Says the Ohio Supreme Court
This post was sparked by some recent news events, and a podcast I follow. Of course, given the title of this blog, I'll have to add my workers' compensation law spin on it at the end. You might think that workers' compensation coverage does not apply to suicides, but that is not always the case. … Continue reading Suicide Levels for U.S. Workers are up 34 Percent. What Can Employers Do To Help?
That short answer is no. Not even remotely. But I read them anyway, just in case. In order to spare you the pain, here are the highlights. As part of its regular rule review process, the Industrial Commission amended ten of its administrative rules, effective February 1, 2019. The ten rules that were amended covered: … Continue reading Are the Industrial Commission’s Rule Changes for 2019 Exciting?
Several weeks ago, I posted about the new standard medical release form that all Ohio providers are required to honor. As I mentioned in that post, pursuant to Ohio Administrative Code Section 5160-1-32.1, effective February 3, 2019, all Ohio providers must honor a standard authorization form. You can find a link to a copy of … Continue reading Will Ohio’s New Standard Medical Release Form Stand Up to HIPAA Scrutiny?